Transcript Research Review for Intensive Legal Writing

Research Review for
Intensive Legal Writing
By
Connie Strittmatter
May 30, 2006
Topics Covered
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Online Catalog (books)
LegalTrac (law review articles)
ALR-(secondary sources and case annotations)
Digests (cases)
Annotated Codes (laws)
Legislative Histories (history of laws)
CFR/Federal Register (regulations)
Research Scenario
You are working for a law firm and the
managing partner asks you to research
whether the failure to permit a female
employee to extend her maternity leave
so she can continue to breastfeed her
baby is in violation of the Pregnancy
Discrimination Act.
Treatises
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Expositions by legal writers on case law and
legislation pertaining to a particular subject and
published in book form.
Characteristics of Treatises
1). Table of Contents
2). Table of Cases
3). Subject Matter (the text)
4). Supplementation
5). Index.
Online Catalog 
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Library Catalog- the online catalog can be
used to locate books on a subject.
Law Reviews
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Law review articles analyze and describe the law
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Any legal periodical will contain articles on
employment or gender law, but some periodicals
are specific to the subject.
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Ex. Harvard Journal of Law & Gender, Duke Journal of
Gender Law & Policy, Berkeley Journal of
Employment and Labor Law, and University of
Pennsylvania Journal of Labor and Employment Law.
LegalTrac 
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Web based database containing citations
to law review and legal newspaper
articles.
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coverage from 1980 -present
American Law Reports
(ALR)
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Excellent secondary source
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Expository essays on significant legal
topics
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Analysis and synthesis of cases on given
topic
ALR Index
130 ALR Fed 473
ALR Article
ALR References
CFR 1604.10
42 USCS 2000e(k)
ALR References
Civil Rights 162, 387
ALR References
Breastfeeding §32
Digests
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Subject arrangement
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Contain brief descriptive abstracts on
point of law contained in a case
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Universal numbering system
Digests-Access Points
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Topical Outline
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Descriptive Word Index
Steps to researching in the
digest
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Using the Descriptive Word Index or
Topical Outline, locate the relevant topics
and key numbers.
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Go to the digest volumes and read the
headnotes under the topic and key
number noting relevant cases
Steps to researching in the
Digest
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Update digest search with pocket parts,
supplementary pamphlets, interim digest
volumes (closing tables) and digest
sections of reporters or advance sheets
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Always read the full text of the case
Digest-Descriptive Word
Index
Employment Discrimination
Civil R 162
Digest Entries
Wallace v. Pyro Min. Co.
789 F.Supp. 867
Wallace v. Pyro Min. Co.
Digest Entry
Digests-Additional Features
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Table of cases
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Words and Phrases
Annotated Codes
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Topical arrangement of laws that are
currently in force
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Annotations
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Currency
Annotated Codes
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Access Points
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General Index
Title Index
Popular Names Table
Steps to researching in the
annotated codes
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Using the General Index or Title Index or
Popular Names Table locate the relevant
sections.
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Locate sections in main volume of the set
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Review annotations
Steps to researching in the
annotated codes
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Using the pocket part and advance
legislative service, update the statute
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Shepardize to make sure no court
decisions declared statute
unconstitutional.
Popular Names Table
Pub.L. 95-555, Oct. 31, 1978,
92 Stat. 2076 (42 §2000e(k))
42 USCA 2000e(k)
Legislative Histories
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Documents relating to the passage or rejection
of a proposed law
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Used to define legislative intent
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Can be very time consuming
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Results may be ambiguous
Components of a Legislative
History
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Bill (in all its variations)
Committee hearings
Committee reports
Congressional debates
Presidential approval or veto message
Compiled Legislative
Histories
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Sources of Compiled Legislative Histories
Federal Legislative Histories: an
Annotated Bibliography and Index to
Officially Published Sources
Union List of Legislative Histories
Getting Started
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Identify the statute
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Locate public law numbers for original
enactment and pertinent amendments
Finding aids when
researching in print resources
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United States Code Congressional and
Administrative News
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Contains public laws
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Legislative history volume
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Not comprehensive; use for an overview
USCCAN-Public Law
For
Legislative
History of Act,
see p. 4749
Citations to
Leg. History
documents
Legislative History
HOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. On Education and
Labor and No. 95-1786 (Comm. Of Conference).
SENATE REPORT no 95-331 (Comm. On Human Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Sept. 15, 16, considered and passed Senate
Vol. 124 (1978): July 18, H.R. 6075 considered and passed House; proceedings
vacated and S.995, amended, passed in lieu.
Oct. 13, Senate agreed to conference report
Oct. 15, House agreed to conference report
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 44 (1978): Oct. 31, Presidential statement
USCCAN-Legislative History
Excerpt from
House Report
95-948
Online Resources and
Websites
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Congressional Universe (library database)
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Locate citations to legislative documents from
1789-present
Bills 1989-present
Committee reports 1990-present
Congressional Record 1985-present
Hearings 1988-present
Federal Regulations
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Definition: rules or orders issued by
various governmental departments to
carry out the intent of the law
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Enabling act is legislation that creates an
agency
Promulgating Regulations
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Proposed regulation is published
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Comment Period
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Agency publishes the final regulation
Where are they published?
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Federal Register
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Published weekdays
Federal Register publishes:
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Proposed regulations
Final regulations
Notices
Presidential documents
Federal Register
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Citation: 68 Fed. Reg. 23659 (2003)
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Indexes
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Monthly cumulative indexes
CIS Federal Register index
All the current federal
regulations are codified in:
 The
Code of Federal Regulations (CFR)
The CFR is arranged by….
 Title
(subject)
 Chapter
 Part
(agency)
(topic of agency function)
 Section
CFR Regulation
PART 1604 – GUIDELINES ON
DISCRIMINATION BECAUSE OF SEX
SEC.
1604.1
General principles
1604.2
Sex as a bona fide occupational
Qualification
1604.3
Separate lines of progression and
Seniority systems
1604.4
Discrimination against married
Women
1604.5
Job opportunities advertising
1604.6
Employment agencies
1604.7
Pre-employment inquiries as to sex
1604.8
Relationship of title VII to the Equal
Pay Act
1604.9
Fringe benefits
1604.10
Employment policies relating to
Pregnancy and childbirth
1604.11 Sexual harassment
APPENDIX TO PART 1604-QUESTIONS
AND ANSWERS ON THE PREGNANCY
DISCRIMINATION ACT, PUBLIC LAW 95-555,
92 STAT. 2076 (1978)
CFR Index and Finding Aids
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Index
Parallel Table of Authorities & Rules
List of CFR Titles, Chapters, Subchapters
& Parts
Alphabetical list of agencies
CFR Index
Sex Discrimination – Guidelines
16 CFR 1604
CFR-Table of Authorities
2000e et seq …..29 Parts 1604-1606
CFR-List of CFR Titles, Chapter,
Subchapters, and Parts
Title 29 - Labor
Chapter XIV – Equal Employment
Opportunity Commission
1604-Guidelines on discrimination
because of sex
CFR- List of agencies
Equal Employment Opportunity
Commission . . . .. . . 5, LXII; 29, XIV
Other Indexes
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USCS - CFR Index & Finding Aids
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CIS - Index to the Code of Federal
Regulations
Publication Schedule
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January 1 - titles 1 through 16
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April 1 - titles 17 through 27
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July 1 - titles 28 through 41
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October 1 - titles 42 through 50
To see if your regulation has
recently been amended:
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Look at the cover of your CFR volume to
see how current it is.
Revised as of July 1, 2005
List of Sections Affected
(LSA)
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Find the most recent LSA: List of CFR
Sections Affected. Look at the dates on
the first page of the LSA to see how
current it is.
LSA-Title Page
Title 28-41 Changes
July 2, 2002 through
March 31, 2003
List of Sections Affected
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Your regulation will be listed in the LSA if
it has been amended or repealed.
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Look for any proposed regulations, which
are listed at the end of each title.
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Refers you to the Federal Register
LSA-Title 29 sections affected
Section 1604 is not listed
Further Updating
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Check the last issue of each month of the
Federal Register not included in the LSA.
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April 2006
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May 2006
Look at the table in the back of each of these
issues of the Federal Register called CFR Parts
Affected During this month.
CFR and Fed. Reg. Online
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GPO Access
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Cornell Law School
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CFR-http://www.gpoaccess.gov/cfr/
Fed. Reg.-http://www.gpoaccess.gov/fr/
http://www4.law.cornell.edu/cfr/
Lexis, Westlaw, Congressional Universe,
etc
LSA Online
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http://www.access.gpo.gov/nara/lsa/aboutlsa
.html
Westlaw –RegulationsPlus
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First annotated CFR
User-friendly index
Browse Table of Contents